Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 801 998-0917; Email: jz12345@earthlink.net
January 6, 2010
Mr Brian Moynihan, President
Bank of America Corporation
By email.
Customer Assistance Group
Office of Comptroller of the Currency
By fax: 713 336 4301
Mr Kevin Bailey, Deputy Comptroller and
US Representative to the Basel Accords Committee
By email
Basel Accords Committee
By email
RE: OCC Case # 00971981, complaint against Bank of America Corporation (BAC), and repeat notice to Mr Moynihan, pursuant to Sarbanes-Oxley Act (2002) §307 and SEC Rules promulgated under 17 CFR 205.
Dear Mr Moynihan, Mr Bailey, Office of the Comptroller of the Currency, and Members of the Basel Accords Committee:
In phone conversation today with a Customer Assistance Group specialist, I was told that Bank of America Corporation still has not replied to complaint, reference above, filed with office of the US Comptroller of the Currency (OCC) on September 29, 2009 - regarding large scale fraud in operations of Countrywide Financial Corporation (CFC) and its Legal Department, headed by Sandor Samuels, then Chief Legal Officer. The core fraud in this case – real estate fraud and financial institution fraud – was opined by a fraud expert second to none - highly decorated FBI veteran - James Wedick. He was decorated by US Congress, by US Attorney General, and by FBI Director. [1] Moreover, in an unusual email note, he explained that the FBI’s refusal to provide equal protection in this case since January 2007, was related to FBI’s reluctance to expose the widespread corruption of judges of what Mr Wedick called “the Los Angeles Circuit”. [2] My losses due to the fraud opined by Mr Wedick exceeded $2 millions.
My complaint further alleged that after the takeover of CFC by BAC the same individuals continued to serve at BAC in positions that were critical to the integrity of operations, or lack thereof, at Bank of America Home Loans, including, but not limited to Sandor Samuels – now Associate General Counsel of BAC. Moreover, after the takeover, BAC allowed the continued alleged obstruction and perversion of justice, by employment of Bryan Cave, LLP, under the guidance of Sandor Samuels, at a time that office Timothy Mayopoulos, then General Counsel of BAC, repeatedly informed me that Bryan Cave, LLP was not authorized as an Outside Counsel of BAC, and was not authorized to represent or appear on behalf of BAC. To simplify review of the matter by BAC, I reduced the hundreds of pages of alleged fraud documents (some by now opined as fraud by Mr Robert Meister, another nationally acclaimed fraud expert), which had been produced by CFC and BAC in this case in the past four years, to a list of six (6) records, which BAC and its Audit Committee have been requested to authenticate or repudiate. [3] CFC, BAC, and its Audit Committee refused to respond to such requests, filed as complaints pursuant to the Sarbanes Oxley Act (2002).
This letter to Mr Moynihan is the first in his new capacity as President of BAC, as an appeal that he facilitate a response by BAC, long overdue, to the complaint filed with OCC September 29, 2009, referenced above. It is also a repeat notice pursuant to Sarbanes Oxley Act §307 and SEC Rules under 17 CFR 205. This letter is also addressed to OCC and Mr Kevin Bailey, since failure of OCC to obtain any response from BAC on the complaint, undermines any claims by US government and US banking regulators of “shoring up” the system.
This letter is also addressed to members of the Basel Accord Committee, as a notice of the ongoing failure of US government and BAC to comply with basic tenants of the Pillars of the Basel Accords. Needless to say, such conduct undermines any notion of valid risk assessment or risk reduction in banking operations at one of the largest US financial institutions.
Sincerely,
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Joseph Zernik
Linked Records:
[1] Resume of Mr James Wedick, and opinion letter regarding real estate fraud in conjunction with the Union Bank transactions, which were the subject of the complaint.
[2] Email note by Mr James Wedick, explaining the refusal of FBI to provide equal protection in this case – since January 2007 – in reluctance to expose the widespread corruption of judges in the “Los Angeles Circuit”. In contrast, one should be reminded that concomitantly FBI defined Los Angeles County as the “epicenter of the epidemic real estate and mortgage fraud”, and stated that it was a high national priority to fight such epidemic. Separately, FBI made numerous statements regarding its standing policy to vigorously investigate all allegations of public corruption.
[3] List and links to six records that represent the core fraud in conduct of CFC and BAC in the matter that was subject to complaint filed with OCC, Case # 00971981.
CC:
1) Glenn A Fine, Inspector General - US Department of Justice, as an addendum to complaint against Kenneth Kaiser and Kenneth Melson – for alleged fraud in responses to US Congress on this matter in August –September 2008, and refusal to provide equal protection in Los Angeles County.
2) David Kotz, Inspector General – SEC, as an addendum to complaint regarding SEC’s refusal to investigate complaints of fraud in operations of both CFC and Bank of America Home Loans.
3) Eric Thorson, Inspector General – US Dept of the Treasury, as an addendum to complaint regarding refusal of Office of Thrift Supervision and Federal Trade Commission to enforce the law on CFC in complaints filed starting in early 2007, when CFC was subject to their regulatory jurisdiction.
4) Mary Schapiro, Chair - SEC – as an addendum to complaint against BAC.
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